Whatever it is, it's better in the wind…

Motorcyclists And Deadly Force

Earlier this week I attended a day-long training session at the Oregon Public Safety Academy (DPSST) about Deadly Force used in making an arrest.

It took some persistence, but I was able to convince the Department of Public Safety that independent bloggers DO have a community voice and should be included along with “mainstream” media. To that end I was afforded the opportunity to fully participate in the Salem event and want to provide a major shout-out to Cmdr. Cameron Campbell and PIO and OSP Trooper Lt. Gregg Hastings!

So why was I there and what’s the 411?

You may recall last month’s fatal shooting of Aaron M.Campbell by a Portland police officer which sparked intense scrutiny on the use of deadly force. The 25-year-old African-American was shot and killed by a white police officer after he emerged from a Northeast Portland apartment where officers had been called to perform a welfare check on a suicidal, armed man. The shooting prompted national attention, including public protests and marches by members of the Albina Ministerial Alliance, and a high profile drive-by visit to Portland by none other than the infamous Rev. Jesse Jackson. I’m not going to cover all the details and anyone who wants to have an opinion about this police shooting really needs to read the nearly 500 pages of grand jury transcripts. Or if you prefer The Oregonian can provide summary information HERE.

DPSST Admin Building (Back)

The law enforcement agencies were quick to realize that when a police officer shoots an unarmed person because the officer fears for her/his life – this is a huge contributor to the tension and distrust that the public might feel on the streets – so it prompted the Oregon Police Trainers to offer the media some unique training to learn about the realities in use-of-force incidents. Basically in 8 hours we received what police officers receive during the 16 week training program.

Not surprisingly, a recent CNN/Opinion Research Corp survey found that 56% of Americans think the government has become so large and powerful that it poses an immediate threat to their rights and freedoms. And with that, in some communities, there is a deep-seated distrust of police and a fear that interaction with them has the potential to turn violent.

Yes, I’m white and feel that police are here to protect me and work for me. I can’t represent or fully appreciate through a racial lens what African-American people feel. I can say that as a motorcycle enthusiast I’ve experienced law enforcement arrogance that allows an armed professional to be held less responsible than a typical citizen to control motorcyclists or rally crowds and make them stay “in their place.” That mentality comes from people who believe that their time is more valuable than ours. It comes from an arrogance that says that our actions are supposed to make their lives easier, not the other way around.

Then I spent two hours in a class room with Lorraine Anglemier (Deputy DA and Judge) getting a comprehensive overview on the use of force and Oregon statues and my views started to evolve. The conversation went well beyond typical discussions of force continuums or matrixes. The focus was on how the use of force must be understood in a comprehensive manner to ensure proper force decision making. She covered statutory authority and limits, State and federal case law, prevention and tactical consideration. We were reminded of the Bill of Rights and the 4th Amendment along with the Oregon equivalent (Article 1, Section 9). Then came State v. Bates, 304 OR519 (1987) followed by Graham v. Connor, 490 U.S. 386 (1989) and how excessive force is analyzed (deadly or not) under the 4th Amendment’s “objective reasonableness” standard. Then we dissected the “Graham Factors” and whether the totality of circumstances justifies a particular sort of action. Yeah, it was heady stuff and as a person who has trouble with a motorcycle rental agreement this had my head severely spinning.

After another 30 minute presentation by Capt. Raymond Rau on the physical effects of being in a high-stress situation and the traumatic effects of being involved in a shooting I made my way down to the “Tactical Village” … I’m fitted with face protection, a bullet proof vest, holster, a Glock firearm and extra clips/bullets (paint balls) to undertake my urban training scenario’s … I kept replaying what Ms. Angelmier stated… the standard “reasonableness at the moment” applies not with 20/20 hindsight in my head.